SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom -
Happiness
Ha Noi , August 16, 2017
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THE GOVERNMENT
Number:
96/2017/ND-CP
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DECREE
Defining the functions, tasks, powers and organizational structure
of the Ministry of Justice
__________________
Pursuant to the June 19, 2015 Law on the Organization of the Government;
Pursuant to the Government’s Decree No. 123/2016/ND-CP
of September 1, 2016, defining the functions, tasks, powers and
organizational structure of ministries and ministerial-level agencies;
At the proposal of the Minister of Justice;
The Government promulgates Decree defining the functions, tasks, powers and organizational structure of the Ministry of Justice.
Article 1. Position and functions
The Ministry of Justice is a governmental agency functioning to perform
the state management of law making and enforcement, examination of
legal documents, law dissemination and education, civil judgment
execution, administrative judgment execution, judicial assistance,
judicial administration, state compensation; the management of the
enforcement of the law on handling of administrative violations; the
state management of public non-business services in the fields under its
state management.
Article 2. Tasks and powers
The Ministry of Justice shall perform the tasks and exercise the powers defined in the Government’s Decree No. 123/2016/ND-CP
of September 1, 2016, defining the functions, tasks, powers and
organizational structures of ministries and ministerial-level agencies,
and the following specific tasks and powers:
1. To submit to the Government draft laws and resolutions of the
National Assembly, draft ordinances and resolutions of the National
Assembly Standing Committee; draft decrees and resolutions of the
Government under its approved annual law-making programs and plans and
other projects and schemes as assigned by the Government or the Prime
Minister.
2. To submit to the Government long-term, five-year and annual
development strategies, master plans, programs and plans and national
key projects; to submit to the Prime Minister draft decisions and
directives on the fields under its state management.
3. To promulgate circulars, decisions, directives and other documents under its state management.
4. To direct, guide, inspect and organize the implementation of legal
documents and its approved strategies, master plans, programs, plans,
projects and schemes in the fields under its state management.
5. Regarding law-making work:
a/ To submit to the Government draft strategies on building and improving the legal system;
b/ To appraise, participate in making, and contribute comments on
proposals on formulating laws and ordinances, which are submitted by the
Government, and proposals to formulate decrees; to list the
Government’s proposals on law- and ordinance-making programs regarding
issues within the Government’s functions, tasks and powers; to propose
presiding and coordinating agencies to draft bills and ordinances to the
Prime Minister for decision;
c/ To appraise, participate in elaborating, and contribute comments on draft documents in accordance with law;
d/ To assume the prime responsibility for, and coordinate with
ministries and ministerial-level agencies in preparing the Government’s
opinions on proposals to formulate laws and ordinances, which are not
submitted by the Government, and on National Assembly deputies’ motions
on laws or ordinances in accordance with law; to prepare the
Government’s opinions on draft bills and ordinances, which are not
submitted by the Government, as assigned by the Prime Minister;
dd/ To make lists of documents detailing laws and resolutions of the
National Assembly, ordinances and resolutions of the National Assembly
Standing Committee, and orders and decisions of the President to be
submitted to the Prime Minister for decision; to notify People’s
Councils and People’s Committees of provinces and centrally run cities
(below referred to as provincial-level People’s Councils and People’s
Committees) of the lists of contents to be detailed by local
administrations;
e/ To guide, monitor, press for and examine ministries,
ministerial-level agencies and localities in law-making work accordance
with law.
6. Regarding monitoring of law implementation:
a/ To guide, examine and urge ministries, ministerial-level agencies
and government-attached agencies and provincial-level People’s
Committees in monitoring law implementation;
b/ To assume the prime responsibility for, and coordinate with
ministries, ministerial-level agencies, government-attached agencies and
related agencies and organizations in, monitoring law implementation
nationwide; to monitor law implementation in the fields under its state
management or as assigned by the Government or Prime Minister and in the
fields under inter-sectoral management facing many difficulties,
problems and shortcomings in the course of implementation;
c/ To contribute opinions on the application of legal documents under the assignment of the Government and Prime Minister.
7. Regarding examination of legal documents:
a/ To assist the Government in examining legal documents promulgated by
ministries, ministerial-level agencies, provincial-level People’s
Councils and People’s Committees and local authorities in special
administrative-economic units; to propose the handling of unlawful
documents in accordance with law;
b/ To direct, guide, inspect and urge ministries, ministerial-level
agencies and provincial-level People’s Committees in the examination of
legal documents.
8. Regarding codification of legal norms:
a/ To guide, examine and urge codifying agencies in making codification;
b/ To appraise headings of the Legal Code; to update and remove new
legal norms and headings of the Legal Code in accordance with Law; to
submit to the Government decisions to approve topic-based codification
results of the Legal Code and add new topics to the Legal Code; to
propose the Prime Minister to decide on addition of new headings under
regulations;
c/ To manage and maintain the law codification website.
9. To guide, examine and urge the review, systematization and consolidation of legal documents.
10. Regarding checking of administrative procedures:
a/ To guide the assessment of impacts and assess the impacts of
administrative procedures on the making of proposals to compile
documents, appraisal and formulation of legal documents within its
competence in accordance with law;
b/ To review, evaluate and handle results of the reviews of
administrative procedures under its management in accordance with law;
to study and propose to the Government and Prime Minister initiatives to
reform administrative procedures and relevant regulations under its
management;
c/ To receive and settle reports and petitions of individuals and
organizations on administrative regulations under its management in
accordance with law.
11. Regarding enforcement of the law on handling of administrative violations:
a/ To oversee and report on the enforcement of the law on handling of administrative violations in accordance with law;
b/ To assume the prime responsibility for, and coordinate with related
ministries and sectors in, providing guidance, training and retraining
on the implementation of the law on handling of administrative
violations; to examine the implementation of the law on handling of
administrative violations in accordance with law.
12. Regarding law dissemination and education and grassroots conciliation:
a/ To direct, guide and organize law dissemination and education; to
perform the tasks of the standing agency of the law dissemination and
education-coordinating council; to recognize and dismiss law
communicators in accordance with law;
b/ To assume the prime responsibility for, and guide the building and
recognition of communes and wards that satisfy law access standards;
c/ To guide and examine the organization of grassroots conciliation and activities in the field.
13. Regarding execution of civil judgments and administrative judgments:
a/ To manage the organizational apparatus, state payrolls and operation
of civil judgment enforcement agencies; to decide on establishment and
dissolution of civil judgment enforcement agencies;
b/ To professionally guide, direct and retrain enforcers, verifiers and
other civil servants engaged in civil judgment enforcement work;
c/ To provide guidance on and training in management of administrative judgment execution;
d/ To decide on plans on allocation of funding sources and assurance of
material facilities and equipment for the operation of civil judgment
enforcement agencies; to assure payrolls, material facilities and
equipment for state management of administrative judgment execution in
accordance with law;
dd/ To issue and implement regulations on statistics on execution of civil judgments and administrative judgments;
e/ To report on civil and administrative judgment enforcement work under law.
14. Regarding civil status, citizenship and certification work:
a/ To provide professional guidance on civil status, citizenship and certification;
b/ To monitor, urge and examine the implementation of the civil status, citizenship and certification laws;
c/ To settle applications for renunciation, naturalization or
restoration of Vietnamese citizenship for submission to the President in
accordance with law;
d/ To settle civil status-related matters in accordance with law.
15. Regarding criminal records:
a/ To provide professional guidance on criminal records;
b/ To monitor, urge and examine the implementation of the law on criminal records;
c/ To make and issue criminal record cards and provide information on criminal records in accordance with law.
16. Regarding adoption:
a/ To guide and examine adoption registration;
b/ To settle matters related to intercountry adoption in accordance with law;
c/ To grant, extend, modify and revoke operation licenses of
Vietnam-based foreign adoption organizations and manage Vietnam-based
foreign adoption offices.
d/ To perform the tasks of Vietnam’s central agency of international adoption.
17. Regarding legal aid:
a/ To guide and examine the organization and activities of legal aid;
b/ To adopt and implement measures to support the development of legal aid services.
18. Regarding state compensation:
To perform state management of state compensation and other tasks and
exercise other powers related to state compensation in accordance with
law.
19. Regarding registration of secured transactions:
a/ To guide and examine the registration of secured transactions,
notify the distraint of property for judgment execution and other
transactions and property in accordance with law;
b/ To assume the prime responsibility for, and coordinate with related
ministries and sectors in, guiding the registration and provision of
information on secured measures and notifying the distraint of property
for judgment execution and other transactions and property in accordance
with law;
c/ To develop, operate and manage the national database on secured measures under the Ministry of Justice.
20. Regarding judicial assistance:
a/ To guide, examine the organization and activities of lawyers, legal
consultancy, notarization, judicial assessment, property auction,
commercial arbitrators, bailiffs and assess management officers; to
guide provincial-level People’s Committees in examining and settling
violations in activities of lawyers, legal consultancy, notarization,
judicial assessment, property auction, commercial arbitrators, bailiffs
and assess management officers;
b/ To appoint, re-appoint and dismiss notaries; to appoint and dismiss
bailiffs; to grant and revoke bailiff cards; to grant and revoke auction
and law practice certificates; to grant and revoke licenses for
professional practice in Vietnam by foreign lawyers; to gather, make and
post on the Ministry of Justice’s website a list of adhoc judicial
assessors and judicial assessment organizations; to grant and revoke
practice certificates of asset management officers; to make, publicize
and manage the list of asset management officers and asset management
and liquidation enterprises nationwide;
c/ To grant and revoke licenses for establishment of branches or
foreign law firms, arbitration centers, or branches and representative
offices of foreign arbitration institutions in Vietnam; to approve
arbitration centers’ charters; to give opinions on the establishment of
public judicial assessment organizations under the competence of
ministries, ministerial-level agencies and localities;
d/ To perform the state management of the organization and activities
of lawyers, legal consultancy, notarization, judicial assessment,
property auction, commercial arbitrators, bailiffs and asset management
officers nationwide;
dd/ To grant licenses for setting up lawyer-training institutions,
notary training establishments; to develop framework programs on
training of lawyers, notaries, auctioneers and bailiffs.
21. To provide professional guidance to and examine ministries, sectors
and localities and state enterprises in legal affairs, provide legal
aid to enterprises and implement legal aid activities for enterprises in
accordance with law.
22. Regarding international law:
a/ To appraise and give opinions on draft treaties; to preside over and
participate in the negotiation of treaties and international contracts,
contribute opinions on draft international agreements and international
contracts in accordance with law;
b/ To give legal opinions on treaties, international agreements,
government guarantee and investment projects in accordance with law or
other cases as assigned by the Government and Prime Minister;
c/ To assist the Government in performing the state management of
mutual legal assistance activities and perform the tasks related to
mutual legal assistance in accordance with the law on mutual legal
assistance;
d/ To act as a national agency in the relations with members and
standing agencies of the Hague Conference on Private International Law.
23. To be the Government’s legal representative authority in the settlement of international investment disputes.
24. Regarding international legal and judicial cooperation:
a/ To ensure uniform management of international legal cooperation
nationwide; to implement international cooperation in external
information in the fields under its state management in accordance with
law;
b/ To submit to the Government the conclusion, ratification and
approval of or accession to treaties and measures to ensure the
implementation of treaties in the name of the State or in the name of
the Government in the fields and sectors under its state management;
c/ To propose the accession to and participation in international
organizations; to act as the national focal agency of Vietnam in the
relations with international judicial and legal organizations to which
Vietnam is a contracting member under the Government’s assignment.
25. Regarding administrative reform:
a/ To monitor and summarize the performance of institutional reform
tasks; to perform the task of renewing and improving the quality of the
formulation and promulgation of legal documents;
b/ To decide on, and organize the implementation of, its administrative
reform plans under the state administrative reform programs and plans
of the Government and directions of the Prime Minister.
26. To promulgate, manage and guide the use of forms, papers and
records in the fields and sectors under its state management in
accordance with law.
27. To manage associations and non-governmental organizations operating
in the fields under its state management in accordance with law; to
assume the prime responsibility for, and coordinate with the Ministry of
Home Affairs in, approving the charters of the Vietnam Bar Federation
and Vietnam Notary Association.
28. To perform state management of public non-business services in the fields under its state management.
29. To inspect, examine and settle complaints and denunciations,
organize citizen receptions, prevent and combat corruption, and handle
violations of law in the fields under its state management in accordance
with law.
30. To direct the application of information technology in the fields
under its state management; to manage, establish, develop and use the
national database in the fields under its state management in accordance
with law.
31. To draw up and implement plans on scientific research, development
and application of the results of jurisprudential researches to legal,
administrative and judicial reforms and building a law-governed
socialist state; and organize jurisprudential information work in the
fields under its state management.
32. To organize law training at different levels, train judicial titles
in accordance with law; to hold professional refresher and training
courses on the fields under its management in accordance with law.
33. To manage the organization, civil servant payrolls, working
positions and structure of public employees according to professional
titles and the number of public employees working in public non-business
units; to implement the salary regime and incentive policies,
appointment, relief of duty, retirement, dismissal, commendation,
disciplining, training, retraining and building of the ministry’s
contingent of cadres, civil servants and public employees in accordance
with law; to appoint or dismiss verifiers, bailiffs and holders of other
judicial titles under its management.
34. To manage the assigned public finance, assets and public investments and organize their use in accordance with law.
35. To perform other tasks and exercise other powers as prescribed by law.
Article 3. Organizational structure
1. The Department of General Affairs on Legislative Development.
2. The Criminal and Administrative Legislation Department.
3. The Civil-Economic Legislation Department.
4. The International Law Department.
5. The Law Dissemination and Education Department.
6. The Organization and Personnel Department.
7. The International Cooperation Department.
8. The Emulation-Commendation Department.
9. The Ministry’s Inspectorate.
10. The Ministry’s Office.
11. The General Department of Civil Judgment Execution.
12. The Department of Examination of Legal Documents.
13. The Department of Management of Handling of Administrative Violations and Monitoring of Law Implementation.
14. The Civil Status, Citizenship and Notarization Department.
15. The Child Adoption Department.
16. The Legal Aid Department.
17. The Department of National Registry of Secured Transactions.
18. The State Compensation Department.
19. The Judicial Support Department.
20. The Planning and Finance Department.
21. The Information Technology Department.
22. The Southern Affairs Department.
23. The National Center for Criminal Record.
24. The Institute of Legal Science.
25. The Judicial Academy.
26. The Democracy and Law Journal.
27. The Vietnam Law Newspaper.
The units specified in Clauses 1 thru 22 of this Article are
administrative ones assisting the Minister of Justice in performing the
state management functions; the units specified in Clauses 23 thru 27 of
this Article are non-business organizations serving the Ministry of
Justice’s state management.
The Department of Criminal and Administrative Legislation may have 3
sections; the Law Dissemination and Education Department, 3 sections;
the Department of International Cooperation, 3 sections; the Department
of General Affairs on Legislative Development, 4 sections; the
Civil-Economic Legislation Department, 4 sections; the International Law
Department, 4 sections; and the Organization and Personnel Department, 4
sections.
The Department of National Registry of Secured Transactions may have 2
sections; the Child Adoption Department, 3 sections; the State
Compensation Department, 3 sections; the Legal Aid Department, 3
sections; the Information Technology Department, 3 sections; the
Southern Affairs Department, 3 sections; the Civil Status, Citizenship
and Notarization Department, 4 sections; the Department of Management of
Handling of Administrative Violations and Monitoring of Law
Implementation, 4 sections; the Planning-Finance Department, 4 sections;
the Department of Examination of Legal Documents, 5 sections; the
Judicial Support Department, 5 sections; the Ministry’s Inspectorate, 5
sections; the Ministry’s Office, 8 sections.
The Minister of Justice shall submit to the Prime Minister for
promulgation the decision defining the functions, tasks, powers and
organizational structure of the General Department of Execution of Civil
Judgments and a list of other non-business organizations of the
ministry.
Article 4. Effect
This Decree takes effect on the date of its signing and replaces the Government’s Decree No. 22/2013/ND-CP of March 13, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Justice.
Article 5. Implementation responsibility
The Minister of Justice, ministers, heads of ministerial-level
agencies, heads of government-attached agencies and chairpersons of
provincial-level People’s Committees shall implement this Decree.
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Prime Minister
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(Signed)
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Nguyen Xuan Phuc
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